BLOG: New IRS Requirements for EIN Applications Go Into Effect May 13, 2019
As we have all been scrambling to get our taxes completed this month, a new IRS requirement may have been overlooked that goes into effect on May 13, 2019. This new requirement impacts the process by which any new entity (including sole proprietorships, partnerships, limited liability companies, trusts, and corporations) can apply for an Employer Identification Number (EIN), the 9-digit identification number assigned to entities for tax filing and reporting purposes. The new requirements will impact all of our clients engaged . . . Read More
EEOC Announces New EEO-1 Pay Data Reporting Deadline
September 30, 2019, marks the newly announced deadline for employers who submit annual EEO-1 reports to report employee 2018 pay data to the Equal Employment Opportunity Commission (EEOC). The EEOC revealed the new deadline in a federal court submission last week. The judge in the case will still need to approve of the EEOC’s plan before it becomes the official cutoff date. Employers with 100 or more employees and federal contractors with 50 or more employees (and a contract or . . . Read More
When Cybersecurity Is a Hot Topic, GSA Expands Its Cybersecurity Service Offerings
The General Services Administration (GSA) recently expanded its cybersecurity service offerings for federal, state, and local governments. Specifically, GSA worked in collaboration with the Department of Homeland Security and the Office of Management and Budget to develop IT Schedule 70’s Highly Adaptive Cybersecurity Services (HACS) Special Item Number (SIN) 132-45 to make it easier for agencies to procure quality cybersecurity services. HACS SIN 132-45 on IT Schedule 70 is intended to provide agencies quicker access to support services from technically evaluated . . . Read More
Following COFC Decision, GSA Rescinds Alliant 2 Small Business Awards
On March 26, 2019, the General Services Administration (“GSA”) posted a notice on FedBizOpps that it was taking corrective action in response to the recent Court of Federal Claims (“COFC”) decision in the bid protest of Citizant, Inc. v. United States, No. 18-856C (Mar. 25, 2019). As part of that corrective action, GSA rescinded all 81 of the Alliant 2 Small Business (“A2SB”) contracts it awarded in February 2018. A2SB, issued under Solicitation No. QTA0016GBA0002 in June 2016, is a governmentwide . . . Read More
Cybersecurity’s Increasing Impact on Prime Contract and Subcontract Awards
Since last year, I have been writing about the increasing impact of cybersecurity on contract awards. DoD has issued guidance on how it will evaluate system security plans, and it has indicated that, along with cost, schedule, and performance, cybersecurity is the “ fourth pillar ” of its acquisitions. As a result, contractors need to shift their view of cybersecurity compliance as a cost center to a business driver and an increasingly important factor in gaining a competitive advantage. The momentum has continued . . . Read More
DoD Proposes to Apply Non-Manufacturer Rule to All 8(a) Contracts
Nearly three years ago, the U.S. Small Business Administration (“SBA”) issued a final rule that standardized the limitations on subcontracting and the non-manufacturer rule (“NMR”) that apply to small business concerns, including participants in SBA’s 8(a) Business Development Program. In a step toward regulatory conformity, the Department of Defense (“DoD”) is now proposing to implement the revised NMR for 8(a) participants that contract with DoD. These entities should familiarize themselves with the proposed rule (“Rule”), which is summarized below. As a brief background, the . . . Read More
Fourth Circuit Makes It Harder for Whistleblowers in FCA Cases
In a relatively recent decision, the U. S. Court of Appeals for the Fourth Circuit raised the bar a notch for whistleblowers in False Claim Act (“FCA”) cases whose allegations lack specificity as to direct evidence of presentment for payment to the government for fraudulent services. Indeed, in her dissenting opinion in U.S. ex rel. David Grant v. United Airlines, Inc., No. 17-2151 (4th Cir. 2018), Judge Keenan opined that this ruling, affirming the dismissal of the claim at the pre-discovery . . . Read More
Misclassifying Employees Can Have Major Consequences
Today’s economy is saturated with new ways to earn money without being subject to a set schedule or traditional employer demands. With so many individuals working part-time jobs with more autonomy than ever, companies are struggling to determine whether to classify those workers as independent contractors or employees. The distinction between those two categories is extremely important and can affect all aspects of your business, including benefits, overtime pay, and workers’ compensation. While determining employee classification is a fact-intensive process, . . . Read More
OFCCP Investigations on the Rise: How Should You Prepare?
The number of Office of Federal Contract Compliance Programs (OFCCP) investigations is on the rise, and OFCCP has stated a continued focus on enforcement. OFCCP enforces the contractual promise of equal employment opportunity and affirmative action required of those that do business with the federal government. Between fiscal years 2015–2017, the OFCCP received an average of 648 complaints annually. However, in fiscal year 2018, this number more than doubled, jumping to 1,418 complaints received. And, in the first quarter of . . . Read More
Does SBA’s New Recertification Rule Apply to My Contract? Recent OHA Decision Provides Some Clarity
The U.S. Small Business Administration’s (“SBA”) regulations require a concern to recertify its socio-economic (e.g., SDVO SBC, HUBZone, WOSB/EDWOSB) and/or small business size status (1) within 30 days of an approved contract novation; (2) within 30 days of a transaction becoming final in the case of a merger, sale, or acquisition, where contract novation is not required; and (3) no more than 120 days prior to the end of the fifth year of a contract exceeding five years in duration . . . Read More